DOJ Moves Again to Erase Steve Bannon's Contempt of Congress Conviction

The Justice Department asked a federal court on Thursday to wipe out Steve Bannon's contempt of Congress conviction, its second attempt to erase the case against the former White House strategist. In a filing signed by Deputy Associate Attorney General Michael Weisbuch, the department said it "does not believe that it is appropriate to pursue contempt of Congress charges against a former advisor to the President" who defied a subpoena from the House committee that investigated the January 6, 2021 attack on the US Capitol.

Bannon was found guilty in 2022 on two counts and served four months in prison in 2024. The department also said it "harbors significant doubts" about the fairness of his trial. His attorneys did not object.

Key Points

• The Justice Department asked a federal court on Thursday, November 5, 2026, to dismiss Steve Bannon's 2022 contempt of Congress conviction.
• It is the department's second attempt to end the case; the first bid was rejected in August by US District Judge Carl Nichols.
• Bannon was convicted on two counts for defying a House January 6 committee subpoena and served four months in prison in 2024.
• The department said it "harbors significant doubts" about the fairness of Bannon's trial.
• The Supreme Court later vacated an appeals court ruling upholding the conviction and sent the case back to Judge Nichols.

What Happened

The motion asks the federal court in Washington to dismiss the contempt case in full. It argues the government should not pursue contempt charges against a former presidential adviser who refused a congressional subpoena because he believed he was protected by executive privilege. The department framed it as a question of principle, not politics.

Judge Nichols rejected the first bid in August, saying the government had not adequately explained its position, but he left the door open to try again. The new filing offers a fuller explanation of why the department now believes the case should be dropped. Bannon's lawyers did not oppose the request. The motion also did not carry the name of Acting Deputy Attorney General R. Trent McCotter, who previously represented Bannon as a private attorney, a role that has raised questions about conflicts of interest.

Steve Bannon Contempt Conviction: What the DOJ Wants Erased

The conviction dates to July 2022, when a federal jury found Bannon guilty on two counts of contempt of Congress: refusing to appear for a deposition before the House select committee investigating the January 6, 2021 attack on the Capitol, and refusing to produce documents the committee demanded. Bannon argued executive privilege, asserted by Trump, shielded him, but the trial judge ruled he could not simply ignore the subpoena.

Bannon served four months in 2024, reporting to a federal prison in Connecticut in July and released in October. An appeals court upheld the conviction, but the Supreme Court later vacated that ruling and sent the case back to Judge Nichols. By saying it "harbors significant doubts" about the trial's fairness, the government is questioning a prosecution it brought and won under the previous administration.

Background: The January 6 Subpoena and the 2022 Trial

The House select committee subpoenaed Bannon in September 2021, seeking testimony and records about his contacts with Trump and others before the assault on the Capitol. Investigators believed he had discussed plans to challenge the election results with Trump allies. He had also spoken publicly on his podcast the day before the attack about a dramatic day to come.

When Bannon refused to comply, the House voted to hold him in contempt and referred the matter to the Justice Department, which charged him in November 2021. His trial in the summer of 2022 lasted only a few days, and the jury deliberated for less than three hours before convicting him on both counts. The context has since changed sharply: Trump returned to the White House in early 2025, and his Justice Department has moved to unwind several prosecutions connected to January 6.

Reactions and Quotes

The department's filing states its position plainly. It said it "does not believe that it is appropriate to pursue contempt of Congress charges against a former advisor to the President who did not comply with a subpoena investigating the events of January 6, 2021, based on an asserted belief that he was protected by executive privilege." It added that the department "harbors significant doubts" about the fairness of Bannon's trial.

Bannon's attorneys did not object, and no public statement from Bannon himself had been reported when the filing became public. Judge Nichols has already shown he expects a detailed explanation: in August he said the department had not adequately explained its position. Democrats in Congress, preparing to take control of both chambers in January, have not yet responded formally.

Why It Matters

The case tests the limits of Congress's power to compel testimony from people close to a president. If the conviction is wiped out, it will signal that a former adviser's claim of executive privilege can excuse a refusal to cooperate with a congressional investigation, a precedent that could shape how future administrations respond to subpoenas.

It also matters because of what it says about the Justice Department itself. A government asking a court to erase its own conviction is making an extraordinary admission. Supporters say it corrects an overreach; opponents call it a political favour dressed as legal principle. It is a second, very different challenge to the department's recent decisions, after the former Chicago FBI chief's lawsuit against the Justice Department, and it follows the Ninth Circuit's late-night reversal over election-worker protections.

What Happens Next

The motion now goes to Judge Carl Nichols, who will decide whether the department's new explanation satisfies the concerns he raised in August. He may seek further briefing or hold a hearing; there is no set timetable. If he grants the motion, Bannon's conviction will be dismissed and the case will end. If he rejects it a second time, the department could appeal.

Frequently Asked Questions

What is Steve Bannon's contempt of Congress conviction?
Bannon was convicted in July 2022 on two counts of contempt of Congress for defying a House committee subpoena over the January 6, 2021 attack on the Capitol. He served four months in prison in 2024.

Why does the Justice Department want the conviction dismissed?
The department says contempt charges were not appropriate against a former presidential adviser who refused a subpoena based on an asserted belief in executive privilege, and it says it "harbors significant doubts" about the trial's fairness.

Has the Justice Department tried this before?
Yes. Judge Carl Nichols rejected the first attempt in August, saying the government had not adequately explained its position, but left the door open.

What happens if the judge grants the motion?
Bannon's conviction would be dismissed and the case would end. He has already served his sentence, so dismissal would clear his record rather than free him.

Who is Steve Bannon?
Bannon was White House chief strategist and senior counsellor in President Donald Trump's first term. He remains a prominent conservative commentator and one of Trump's most vocal allies.